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(영문) 청주지방법원 2018.10.12 2018고합147
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2018, the Defendant: (a) around 13:00, at the residence of the Defendant, who was on the second floor of the Heungdong-gu building and the second floor of the housing; (b) attempted to extinguish the second floor of the housing owned by the victim D by attaching a fire to the guns to the guns of the booms and the booms in the room, which were under the influence of alcohol.

On the one hand, the defendant voluntarily sent a fire to 112.

“The police officer called up after making the report and the fire officer’s attempted to keep the fire out of the wind.”

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each 112 reported case treatment table, photograph description, and statutes on site photographs;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply because they are minor offenders.

3. The crime of this case, which was determined to be sentenced, has a fire on the second floor in which the Defendant, including the owner of a house in which many people reside, such as him, and the brus and species, have a string to the guns, and the crime of this case is not easy in that there was a risk that may cause serious damage to the lives and property of a large number of people and may cause serious damage to a large number of people.

However, as the defendant reported to 112 on the 112, the fire officer sent to the floor board of the floor was extinguishing fire, and the crime was committed on the attempted crime. The property damage caused by this case is not limited, and the defendant is the owner of the house.

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